Governor Kaine has some friendly advice for the Air Board. Apparently there have been “recent reports” to the Governor necessitating that he reiterate the “obvious parameters within which to exercise [their] authority.” This is just a little FYI, in-case-you-forgot, heads-up-on that-little-meeting coming up, right? Perhaps. Or it’s oblique intimidation, an attempt to rhetorically undercut the independence of the board by declaring his superior knowledge of the regulatory structure of the board.

And of course while the letter does not explicitly reference the Wise County plant, the close proximity to the date of the board’s vote makes its regulatory referent clear enough.

Gov. Kaine seeks to make it clear in the letter that his knowledge of the proper role and regulatory structure of the Air Board is greater than that of the board members themselves. He’ll go ahead and let the board members work from the reasonable assumption that a person (nay, a Governor!) with his knowledge of the functioning of a regulatory body should be able to predict the actions of said regulatory body with a high degree of accuracy. It follows that if the members of the board are to believe Governor Kaine does in fact understand the structure and role of the Air Board as well as he claims he does, then the decision he anticipates should be the correct one. The Governor wants to make it clear to the Air Board that they should get in line with his decision, and if they don’t they are incompetent regulators.

But surely Governor Kaine is aware that the mercury emissions alone from the Wise County plan (not to mention the C02) merit the denial of the Air Permit under the Clean Air Act. Mercury is particularly dangerous to pregnant women and young children. Mercury exposure has been linked to autism, poor attention and language skills, and other developmental problem, prompting the EPA to regulate the toxin. Dominion must meet a standard of 1.1 pounds of emissions per year, but the Wise County plant is in gross violation of this rule and will emit 72 pounds per year.

The board should stick to their guns and not let Governor Kaine intimidate them.

Some background information: